EU court exonerates Frontex after Syrian family sues for damages

The European Border and Coast Guard Agency, Frontex, was cleared in the case brought before the court, with judges arguing that the agency’s role is to simply coordinate border control efforts across the EU and not to weigh in on matters pertaining to immigration controls.

“Since Frontex does not have the power to assess the merits of return decisions or applications for international protection, that EU agency cannot be held liable for any damage related to the return of those refugees,” the EU General Court said in its ruling on Wednesday, September 6.

The Luxembourg court added that concerns relating to human rights were not part of the agency’s remit. “Frontex’s task is only to provide technical and operational support to the Member States.”

“However, it is the Member States alone that are competent to assess the merits of return decisions and to examine applications for international protection,” it said.

The court further concluded that any potential damages suffered by the refugees could not be directly linked to Frontex and its actions either.

In total, the refugee family had sought €136,000 in damages from Frontex, which commented that it always strives to uphold fundamental rights in all its activities.

Read more: EU border pushbacks: A ‘shadow’ migration policy?

EU agency exonerated — for now

The Syrian refugees, who brought the legal action against Frontex, arrived in Greece in 2016 but were returned to Turkey, from where they had set off, several days later as part of a wider Frontex return operation.

This took place at the height of the so-called “refugee crisis” in the EU in 2015 and 2016, when more than 2 million asylum seekers arrived in the block in less than a year.

The family argued that their asylum application should have been examined before they were removed from the EU. Furthermore, they claimed that Frontex had violated EU and international law, which bans degrading treatment and ensure that the rights of children need to be safeguarded.

The family eventually ended up living in Iraq, from where they had lodged the lawsuit, according to the Associated Press news agency.

Read more: Frontex mulls exit from Greece as re-elected government vows to continue migration policy

Disappointment at ruling

It is unclear whether they will appeal the decision at the next and final EU court they can approach, which is the European Court of Justice.

Their lawyer commented that the ruling was “unsatisfactory, first and foremost for the family.”

“They are disappointed that Frontex is not held accountable for its role in the illegal pushback they are victims of and the way they were deported,” lawyer Lisa-Marie Komp added.

Read more: Greece: Reported pushbacks despite intervention of European court

Frontex still in crisis mode

Frontex has repeatedly been facing accusations raised by NGO and human rights groups saying that it failed to sufficiently protect the rights of refugees. 

Last year, the previous head of Frontex, Fabrice Leggeri, was forced to resign after serious accusations of the EU agency aiding and abetting illegal pushbacks at sea.

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Activists continue to accuse the agency of deliberately covering up allegations saying that Greek border guards are involved in forcibly pushing migrants and refugees hoping to reach Greece back out into the open Mediterranean Sea. Some even believe that Frontex was indirectly involved in the migrant shipwreck off Greece in June, which claimed hundreds of lives.

The Greek government meanwhile continues to deny any allegations suggesting it might be involved in pushbacks.

Read more: The EU’s migration dilemma: Is sealing borders the solution?

with AP, AFP, dpa